In New Mexico, a court can award alimony to a spouse who needs
financial support after a divorce. The court bases its decision to order
alimony on the needs and obligations of both spouses.
Types of
Alimony
In New Mexico, there are several different types of alimony,
including:
- Long Term. Long
term alimony provides on-going payments and is generally awarded in marriages
of at least 20 years. The prefers
parties to become self-sufficient, so it is not easily inclined to award long
term support.
- Transitional. The court orders transitional
alimony to get the supported spouse through the difficult transition from
married life to single life. The court
may award temporary alimony during the divorce process but rarely orders it to
continue longer than 24 months after the divorce is finalized.
- Rehabilitative. Rehabilitative
alimony provides a spouse with money to go back to school or get training to
become self-supporting. When the court orders rehabilitative support, it may also
include a rehabilitation plan and it may require the spouse
to adhere to the plan in order to continue to receive support.
Alimony
Increases or Decreases
Either spouse can request the court to increase or decrease alimony,
unless their final divorce decree prohibits modifications. If the spouse
receiving alimony demonstrates to the court that the amount of alimony is inadequate,
or if the spouse paying alimony demonstrates to the court that circumstances
have changed, the court may modify the alimony award. The court may
consider job loss, illness, disability, or other financial circumstances when making
a modification to the alimony award. If either spouse dies or if the
spouse receiving support remarries, the alimony terminates unless the spouses have
made other arrangements
Factors
the Court Looks at in Making Calculations
The court will consider the following factors when awarding
alimony in New Mexico:
- age, health of and the means of support
- current earnings and earning capacity
- efforts to maintain employment or
become self-supporting
- the standard of living during the term
of the marriage
- medical and life insurance
- length of the marriage
- property awarded though the divorce
process
- assets and liabilities, and
- agreements between the spouses in
contemplation of divorce.
Learn More
You can read the laws about spousal support New
Mexico Statutes § 40-4-7. You can also read more about New Mexico Divorce and
Family Law on Divorcenet.com.